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AGREEMENT TO SERVE AS CITY MANAGER (2) r I I CITY MANAGER EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this ,;),,1"t day of March, A.D. 1988, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called "City," as Party of the First Part, and RONALD H. RABUN, hereinafter called "Employee," as Party of the Second Part. WITNESSETH: WHEREAS, the City employed the services of said Employee in a public meeting on March 22, 1988, to serve as City Manager; and WHEREAS, it is the desire of the City Commission to provide certain benefits, establish certain conditions of employment, and set working conditions of said Employee; and WHEREAS, it is the desire of the City Commission (1) to secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee, and (4) to provide a just means for terminating Employee's services; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties and ResDonsibiIities A. Employee agrees to serve as City Manager of Clearwater and to fulfill the duties of that office as set forth in the City Code and City Charter. B. Employee agrees to remain in the exclusive employ of the City and shall not engage in any other employment or business activity, without specific prior approval of the City Commission. Section 2. Term A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the City Commission to terminate the services of Employee at any time in accordance with the applicable provisions of the City Charter. B. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time. C. Nothing in this agreement shall be construed to establish a fixed time or fixed term of office. /)__t\' . ~,- I uU "-l,' I~- ::::\ .i' ,-- I I Section 3. Termination and Severance Pay A. In the event Employee is terminated by the City Commission during such time that Employee is willing and able to perform the duties of City Manager, then in that event the City agrees to pay Employee a lump sum cash payment equal to three (3) months' aggregate salary made payable on the last day of his employment. 1. The Employee may elect to treat as termination of his employment by the City, within the meaning of Section 3A of this Agreement, any formal or informal action of the City Commision requesting that he resign, or any other action of the City Commission whose purpose is to eliminate or reduce any of the benefits or prerogatives to which the Employee is entitled under this Employment Agreement, Charter, or Code of Ordinances or the status or role of the City Manager as contemplated herein, or whose purpose is to induce the City Manager to terminate his employment with the City. 2. In the event that Employee is beset with any chronic, debilitating illness or injury which prevents Employee from undertaking or performing his responsibilities, then, in that event, the Employee may resign his position with payment of severance pay equivalent to three (3) months' aggregate salary, or other amount that the Commission may set. 3. Aggregate salary as used in this section shall include the compensation and retirement provided for in Section 4, A and B. B. In the event Employee is terminated because of his conviction of any illegal act involving personal gain to him or conviction of a felony, City shall have no obligation to pay the aggregate severance sum designated in this section. C. In the event Employee voluntarily resigns his position with the City, then Employee shall inform the City in writing and shall give the City two (2) month's notice in advance, unless the parties otherwise agree. Section 4. Salarv. Retirement. Vehicle. and Other Benefits A. City agrees to pay Employee for his services pursuant hereto an annual base salary of $12,000 made payable in bi-weekly installments, beginning April 4, 1988. B. City agrees to conduct a review of the Employee's performance, salary, and benefi ts in April of each year. " , I I. C. City agrees to contribute an amount equal to six percent (6%) of Employee's annual base salary to the retirement program or plan of Employee's choice. D. Employee shall be provided a $400 per month local area car allowance with all operating and insurance costs to be borne by employee. In the event Employee travels outside a local radius of 100 miles on official City business, he shall be reimbursed the same rate as all other employees. In the event employee has not yet secured his own private vehicle by the effective date of this agreement, the City agrees to furnish a City-owned or leased vehicle to him for up to ninety (90) days. E. City agrees to provide Employee other and additional employment benefits enjoyed by other City employees, including but not limited to such benefits as social security contributions; holiday and vacation leave; sick leave; and health, hospitalization, life, and accident insurance. F. It is recognized that Employee must devote a great deal of his time outside normal office hours to business of the City and Employee will be allowed to take reasonable compensatory time as he deems appropriate. G. City agrees to budget and pay the dues and subscriptions of Employee necessary for full participation in national, regional, state, and local associations and organizations necessary and desirable for the good of the City. H. City hereby agrees to budget and pay the travel and subsistence expenses of Employee for professional and official travel. Section 5. Other Terms and Conditions of Employment A. The City Commission shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, or the City Charter, or any other law. B. City shall pay directly to the provider the actual moving or necessary storage and insurance expenses of Employee's household goods from Bradenton, Florida, to his chosen residence in Clearwater, Florida, not to exceed $3,000. C. Subject to the consent of the carrier, any delay in health and major medical coverage attributable to pre-existing conditions of Employee or Employee's dependents is hereby waived. Section 6. General Provisions A. The language of the City Charter with regard to the powers and duties of City Manager is incorporated herein by reference. I I B. The text herein, including the aforesaid provision of the City Charter and City Code, shall constitute the entire agreement between parties. C. City specifically agrees that, because City Manager is a full-time Employee of the City, its sole remedy for any error, omission, negligence, or the like of the City Manager is termination of his employment. D. This Employment Agreement shall become effective as of March 24, 1988, and shall inure to the benefit of the Employee and the executors and the heirs at law of the Employee. E. Employee shall commence his duties as City Manager on April 4, 1988. F. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the parties below have caused this Agreement to be duly executed this .2~-f>... day of I'ht:VI.J< ' 1988. ATTEST: CITY OF CLEARW AlER, FLORIDA ~::'~Q~~~~'.Q ~ ~ -_ , .c.......:.,. B ( ~ Interim City Manager Approved &8: to fOnIl~.-aild correctness: , ~~ Mayor - Commissioner By WITNESSES: !JfY2L&) {} .J; lJiWl? ) . - . " ~ L?~? ~~"-- Ronald H. Rabun, Employee As to Employee - Party of Second Part